Collections

Since 1988, Buckalew Frizzell & Crevina’s experienced team of attorneys and paralegals has collected millions of dollars in debt for our clients. We know all of the many steps in the collection litigation process, inside and out, and are steadfastly focused on one goal – obtaining the money that you are owed as quickly and cost-effectively as possible.

Many people are surprised to learn that there are often 40 or more steps in a collection lawsuit from start to finish. That’s why we carefully track the status of every lawsuit on our case management system and have a partner monitoring every case to assure prompt and proper handling.

BFC is particularly experienced in handling collections for condominium associations, cooperatives, and homeowners’ associations. BFC understands that the payment of common expense assessments by homeowners is the financial lifeblood of every community association. In fact, since 1988, Buckalew Frizzell & Crevina has successfully collected millions of dollars for our community association clients through a combination of collection letters, liens, payment plans, and aggressive prosecution of thousands of lawsuits against homeowners who failed to satisfy their financial obligations. BFC’s prompt and diligent efforts substantially improve the likelihood that the arrears will be paid – and that other innocent homeowners will be spared the financial burden of picking up the deficiency through special assessments or increased annual assessments.

Preparation of uniform collection procedures tailored to each association’s governing documents and specific needs, to assure consistent timely referral of delinquent accounts from management to BFC

Full compliance with the requirements of the federal Fair Debt Collection Practices Act throughout the process

Acceleration of delinquent accounts if permitted by the association’s governing documents

Requiring the tenant of a delinquent investor owner to pay rent directly to the association for as long as the owner remains in arrears, if authorized by a rent assignment provision under the association’s governing documents or form lease rider

Preparation of lien claims against the units of delinquent owners

Aggressive prosecution of collection litigation seeking a judgment for all amounts owed to the association, including attorneys’ fees

Obtaining a judgment against a unit owner who is in arrears, however, is only the first half of the process. BFC is also very experienced in the critical steps necessary to actually collect on a judgment, such as:

Compelling delinquent unit owners to answer an information subpoena that discloses information about the nature, extent and location of their assets

Obtaining a court order requiring unit owners to produce their last three years of tax returns, and all bank account and other financial institution statements, and to appear for their deposition under oath before a court reporter, at which a BFC attorney will cross-examine them to identify their assets

Securing information on bank accounts and employment through searches conducted by an investigation company and by BFC

Arranging for the county sheriff to levy on bank accounts, rent being paid by tenants of investor-owners, the units themselves, and other assets discovered by BFC

Garnishing the delinquent unit owner’s wages

Seeking the appointment of a rent receiver to take control of a unit, rent it, and pay the proceeds to the association

Guiding Boards through the process of buying back a unit at a sheriff’s auction and renting it to pay off the judgment

Recommendations for by-law amendments targeted toward improving the association’s collection power to the fullest extent permitted by New Jersey law